REPORTS OF CASES

DECIDED IN THE

COURT OF PROBATE

AND IN

THE COURT FOR

Divorce and Matrimonial Causes.

WITH TABLES OF THE NAMES OF CASES, AND

INDEXES TO THE PRINCIPAL MATTERS.

BY

M. C. MERTTINS SWABEY, D.C.L.,

ADVOCATE IN DOCTORS' COMMONS, AND OF RAY'S INN, BARRISTER-AT-LAW,

AND

THOMAS HUTCHINSON TRISTRAM, D.C.L.,

ADVOCATE IN DOCTORS' COMMONS, AND OF THE INNER TEMPLE.

VOLUME I.

FROM HIL. T. 1858 TO HIL. VAC. 1860.

LONDON:
BUTTERWORTHS 7, FLEET STREET,

Law Publishers to the Queen's Most Excellent Majesty.
HODGES, SMITH AND CO., GRAFTON STREET, DUBLIN,

1860.

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY
LAW DEPARTMENT.

58389

PRINTED BY

JOHN EDWARD TAYLOR, LITTLE QUEEN STREET,
LINCOLN'S INN FIELDS.

Blind Testator.-Proof of Knowledge of Contents of Will.
Limited Grant to Executor of Party beneficially interested 540

Proof of Execution of Will.-Examination of one Attest-

ing Witness sufficient.

148

Bedwell, FREDERICK, in the Goods of.

Transference of Jurisdiction.-Affidavit.-Practice

BELL, JANE, in the Goods of.

Administration.-Wife's Next of Kin.-Renunciation of

Husband's personal Representative

BIANCHI, LUIS, in the Goods of.

Administration of the Effects of a domiciled Brazilian to an
Attorney for that purpose duly appointed. .

BISHOP, HENRY, in the Goods of.

15

288

. 511

Administration.-Presumption of Death at Sea.-Lapse of

time insufficient

303

BRAINE v. BRAINE AND BRAINE.

Taxation of Costs.-20 & 21 Vict. c.-77, s. 29.-Number of

Counsel allowed.-Discretion of Registrar.-Costs of Ap-

plication.

271

Revocation.-Lost Letters of Administration.-Undertaking 111

CHARLTON v. HINDMARSH.

Attestation and Subscription of Witnesses to Will.-1 Vict.
c. 26, s. 9 ..

Administration pendente lite.-Security.-Passing Accounts.
-Payment of Debts.

CHATELAIN v. PONTIGNY.

Married Woman's Will.-Alleged Power.-Barnes v. Vin

433

519

COOPER, ROBERT, in the Goods of.

411

22

Administration.-Practice under 20 & 21 Vict. c. 77, s. 73. 267

Executor abroad.-Administration with Will annexed to Re-
siduary Legatee

COOPER AND SPARKS v. Moss AND Moss.

66

Security for Costs.-Plaintiff Foreigner.-Tambisco v. Pa-
cifico, 7 Ex. Rep. 816.

522

CRAUSE, JANE ELIZABETH, in the Goods of.

Administration.-Husband and Wife deceased.-Husband
next of kin

146

CROOKENDEN v. FULLER.

Will.-Residence abroad.-Domicil of Origin.-Evidence.
-Domicil for the purpose of Succession.---Burden of
Proof . .

441

DARKE, ELIZABETH, in the Goods of.

Corporation aggregate.-Executors.-Appointment of Syn-
dic.-Practice

DAVY, ROBERT, in the Goods of.

€ 516

Codicil.-Clerical Error by Attorney who prepared Codicil 262

DE CHATELAIN v. PONTIGNY.

Administration pendente lite to Defendant

34

DODGSON, CHRISTOPHER, in the Goods of.

Administration limited to carry on a Suit in Chancery, and

to receive a Fund the subject-matter of the Suit

D'ORLEANS, H.R.H., THE DUCHESS, in the Goods of.
Administration with Will annexed.-Foreign Grant to
Minor.-Practice

DUNN v. DUNN.

Page

. 259

253

Absolute discretion of Judge of Court of Probate to send a
Cause to a County Court having jurisdiction therein . . 521

EDWARDS, LOUISA, in the Goods of.

Executors of Will.-Attesting Witness dead.-Probate with
consent of Next of Kin .

EDWARDS v. PAYNE AND REEVE.

Will. Verdict and Costs for Defendants.-Taxation thereof.
-Practice

ELMS v. ELMS.

Will.-Revocation.-Intention.-Act to carry into effect

ELWELL, JOHN, in the Goods of.

10

. 276

155

Diocesan Grant.-Bona notabilia without the Diocese.-20

Administration.-Death of Husband and Wife.-Uncer-
tainty as to Survivorship.-Form of Oath

FARLAR V. FARLAR.

Next of Kin.-Executor.-Plea.-Costs.-Practice

258

FITZROY, SIR CHARLES, AUGUSTUS, KNIGHT, in the Goods of.
Execution of Power of Appointment by Will.-Subsequent
Marriage.-Revocation.-7 Wm. IV. and 1 Vict. c. 28,

Will. Heir-at-Law cited.- Plaintiffs and Defendants.-
Costs.-20 & 21 Vict. c. 77, ss. 29, 61, 64, 85

279

GARDNER, HERBERT CALTHORPE, Esq., in the Goods of.
Will.-Probate of, as contained in Affidavit.

109